N.Y. Environmental Conservation Law Section 19-0919
General powers


1.

Nothing in this title shall be construed to require or prohibit the department from:

a.

extending compliance schedules, issuing variances or relaxing performance standards at any specific facility or stationary source, so long as such extension, issuance or relaxation does not result in:

(i)

violation of any primary federal ambient air quality standard or any state ambient air quality standard; or

(ii)

failure to make reasonable further progress in a non-attainment area pursuant to the federal clean air act; or

(iii)

failure to attain the interim control target pursuant to § 19-0909 (Interim control target)section 19-0909 of this title; or

(iv)

failure to attain the final control target pursuant to § 19-0911 (Final control target)section 19-0911 of this title; or

(v)

violation of the nitrogen control program pursuant to § 19-0913 (Nitrogen deposition control program)section 19-0913 of this title; or

(vi)

creation of a public or private nuisance.

b.

Continuing any special limitations until January first, nineteen hundred ninety-six or reauthorize any special limitation which has expired after the effective date of this title and prior to January first, nineteen hundred eighty-six.

c.

Allowing any conversion or modification of a facility or stationary source to burn coal as a boiler fuel.

2.

Nothing in this title shall be construed to establish a statewide cap or limitation on acid deposition precursors such that new sources would be excluded for the state.

Source: Section 19-0919 — General powers, https://www.­nysenate.­gov/legislation/laws/ENV/19-0919 (updated Sep. 22, 2014; accessed Oct. 26, 2024).

Accessed:
Oct. 26, 2024

Last modified:
Sep. 22, 2014

§ 19-0919’s source at nysenate​.gov

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